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The period for the people's court enforcement bureau to freeze the bank deposits and other funds of the person subject to enforcement must not exceed six months, and may be extended by three months if necessary.
Article 29 of the relevant provisions on the sealing, seizure and freezing of property in civil enforcement by the courts
The period for a people's court to freeze a person subject to enforcement's bank deposits and other funds must not exceed six months, the period for sealing or seizing movable property must not exceed one year, and the period for sealing immovable property or freezing other property rights must not exceed two years. Except as otherwise provided by laws and judicial interpretations. Where the person applying for enforcement applies for an extension of the time limit, the people's court shall complete the formalities for continuing the sealing, seizure, or freezing before the completion of the period for sealing, seizure, or freezing, and the period for renewal must not exceed one-half of the time period provided for in the preceding paragraph.
Article 30: Where the period for sealing, seizure, or freezing is completed and the people's courts have not completed the extension formalities, the effect of the sealing, seizure, or freezing is extinguished. Where property that has been sealed, seized, or frozen has already been auctioned, sold, or repaid for debts, the effect of the sealing, seizure, or freezing is extinguished.
Article 31: In any of the following circumstances, the people's courts shall make a ruling to lift the sealing, seizure, or freezing, and serve it on the person applying for enforcement, the person subject to enforcement, or a person not involved in the case
1) Sealing, seizing, or freezing the assets of persons not involved in the case;
2) The person applying for enforcement withdraws the application for enforcement or waives the creditor's rights;
3) The sealed, seized, or frozen property fails to be auctioned off or sold, and the person applying for enforcement and other enforcement creditors do not agree to accept the payment of debts;
4) The debt has been paid off;
5) The person subject to enforcement provides a guarantee and the person applying for enforcement agrees to lift the sealing, seizure, or freezing;
6) Other circumstances where the people's court finds that the sealing, seizure, or freezing shall be lifted. Where sealing, seizure, or freezing carried out by way of registration is lifted, a notice of assistance in enforcement shall be issued to the registration organs.
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After you go to the court account, you can receive the execution payment after deducting the enforcement fee.
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See if the court is busy. The money is in the court's account, you don't have to rush, you can urge the executing judge. Say urgent. Have a good attitude.
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The money can be received about a month after the execution money reaches the court. Because the deducted enforcement money is directly deducted from the bank where the person subject to enforcement has an account to the local finance bureau, and under normal circumstances, the basic people's court is the first day of each month to reconcile with the local finance bureau, so the two parties need to wait until the first day of the next month to remit the enforcement money to the bank account of the enforcement applicant. 1. The process for the court to receive the enforcement money is as follows:
1. Find the enforcement judge in charge of the case first, and will give a receipt for receiving the execution money, and the judge will sign it;
2. Take the documents to the court finance office, and the staff of the finance office will give a cash check and sign it. The execution documents are returned to the executing judge;
3. The party concerned shall withdraw cash from the bank with the check.
2. Compulsory Charging Standards:
1. There is no need to pay the application for enforcement fee in advance, but the people's court shall deduct the enforcement fee that the people's court shall collect in accordance with the law after the first batch of enforcement funds in place for enforcement;
2. During the enforcement process, the people's court collects the actual expenses incurred in the course of enforcement, such as transportation, accommodation, and other expenses. To sum up, after accepting the application for compulsory enforcement, the court will enforce the case against the person subject to enforcement according to the enforcement documents and the application for enforcement, and need to pay additional money to the applicant for enforcement.
3. The procedure for enforcement by the court is:
1. Review and file the case. After receiving the application for enforcement and other relevant legal documents, the people's court shall examine whether the application for enforcement is lawful and appropriate. After the people's court accepts the application, if it is found to be in compliance with the provisions of the law, it shall rule to auction or sell the secured property, and the parties may apply to the people's court for enforcement on the basis of the ruling; where it does not comply with the provisions of law, a ruling is made to reject the application, and the parties may file a lawsuit in the people's court;
2. Notification of fulfillment. When a people's court decides to enforce against an obligor, it shall first notify the obligor to automatically perform the statutory obligation within the prescribed time limit, otherwise it will be enforced;
3. Prepare for enforcement;
4. Implement compulsory enforcement. shall identify themselves, present their law enforcement credentials and the basis for enforcement; After the end of the enforcement, the applicant shall be notified in writing of the execution situation.
Civil Procedure Law of the People's Republic of China
Article 233:Where the people's court has not enforced the application for enforcement for more than six months from the date of receipt of the written application for enforcement, the person applying for enforcement may apply to the people's court at the level above for enforcement. Upon review, the people's court at the level above may order the original people's court to enforce within a set period of time, and may also decide that the court to enforce it or order another people's court to enforce it.
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Legal Analysis: The court must issue the enforcement money to the plaintiff within 30 days after the enforcement money is transferred to the court.
Legal basis: Gaozhou: Article 10 of the "Provisions on the Management of Execution Funds and Materials" shall complete the accounting of the execution funds, the settlement of the execution costs, and the receipt and release of the execution funds within 30 days from the date of receipt of the notice of the receipt of the remaining funds by the financial department.
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The court must issue the enforcement money to the plaintiff within 30 days after the enforcement money is transferred to the court. Within 30 days from the date of receipt of the notice of receipt of the execution funds from the financial department, the enforcement personnel shall complete the accounting of the enforcement funds, the settlement of the judgment of the execution fees, and the notification of the applicant for enforcement to collect and release the enforcement funds.
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Summary. The court must issue the enforcement money to the plaintiff within 30 days after the enforcement money is transferred to the court. The executor shall, within 30 days from the date of receipt of the notice of receipt of the execution money from the financial department, complete the accounting of the execution money, the settlement of the execution fee, the notification of the applicant for execution to receive and the release of the execution money.
Legal basis] According to Article 10 of the Provisions of the Supreme People's Court on the Management of Enforcement Funds and Materials, the enforcement personnel shall complete the accounting of the enforcement funds, the settlement of the enforcement fees, and the notification of the applicant for enforcement to collect and release the enforcement funds within 30 days from the date of receipt of the notice of receipt of the enforcement funds by the financial department.
When will the execution money be paid to the plaintiff in court.
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The court must issue the enforcement money to the plaintiff within 30 days after the enforcement money is transferred to the court. The executor shall, within 30 days from the date of receipt of the notice of receipt of the execution money from the financial department, complete the accounting of the execution money, the settlement of the execution fee, and notify the applicant for execution to receive and release the execution money. Legal basis: In accordance with Article 10 of the Provisions of the Supreme People's Court on the Administration of Enforcement Funds and Property:
The executor shall, within 30 days from the date of receipt of the notice of receipt of the execution money from the financial department, complete the accounting of the execution money, the settlement of the execution fee, the notification of the application to the executor of the chongyan to collect and release the execution money, etc.
It will be given to the plaintiff within 30 days, and it depends on the progress of the court's enforcement work.
An application to the people's court for compulsory enforcement shall meet the following conditions: 1. The basis for enforcement has the content of payment. 2. The judgment document that is the basis for enforcement has been imitated and has taken effect, and the period for automatic performance has passed.
3. It must be submitted within the statutory time limit for applying for enforcement. 4. The necessary signs must be submitted to the court with jurisdiction, that is, the people's court of first instance or the people's court at the same level as the people's court of first instance where the property subject to enforcement is located.
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Legal analysis: The court must issue the enforcement money to the plaintiff within 30 days after the enforcement money is transferred to the court.
Legal basis: Provisions on the management of enforcement funds and materials Article 10 The executive shall complete the accounting of the execution funds, the settlement of the execution costs, and the receipt of the execution funds and the issuance of the execution funds within 30 days from the date of receipt of the notice of the execution funds of the vertical cavity financial department.
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Legal analysis: The time limit for enforcement after the court judgment is permanent, but the time limit for the winning party to apply for enforcement is two years. If you are really unable to repay the loan after the judgment is executed, you can negotiate to repay the loan in installments, but if you have the ability to perform but clearly indicate that you refuse to repay the loan, you will be investigated for criminal responsibility and imprisoned.
Legal basis: Article 236 of the Civil Procedure Law of the People's Republic of China: Parties must perform on legally effective civil judgments and rulings. If one party refuses to perform, the other party may apply to the people's court for enforcement, or the adjudicator may transfer it to the enforcer for enforcement.
The parties must perform the mediation document and other legal documents that shall be enforced by the people's courts. If one party refuses to perform, the other party may apply to the people's court for enforcement.
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